Category - Transportation facility provided to the students

[Kewal Trehan]

An educational institution (Society) running a network of schools is plying buses for transportation of school students only and charges transportation fee from the students. The Society is an educational institution notified u/s 10(23C)vi of the Income Tax Act, 1961. The society exists for the purpose of education and not for earning commercial profits. The Service tax Dept. on the plea that as the society is charging transportation fee from the students, it is thus covered under the category ' tour operators' and therefore exigible to service tax liability. Kindly advise whether the approach of the Dept. is legaly tenable or not. Please support your advise with relevant provision/notification/circular/ case laws.

[Surender Gupta]

1. This plea is not acceptable that the school, being a charitable socieity, would remain exempt from service tax. 2. Though there is no enough data is available on record concerning this issue, apparently it seems that the school may not be liable to service tax under this category. However, if it is running buses under contract carriage permit, the position may differ. Full facts are required.

AI Summary

Educational Institution's Transport Fee: Exempt from Service Tax? Section 10(23C)vi of Income Tax Act, 1961 Explored. An educational institution operating as a society, exempt under section 10(23C)vi of the Income Tax Act, 1961, is charging students a transportation fee for school buses. The Service Tax Department argues this activity categorizes the society as 'tour operators,' making it liable for service tax. A respondent, Surender Gupta, suggests that although the society's charitable status does not automatically exempt it from service tax, it may not be liable unless buses are operated under a contract carriage permit. More detailed information is needed to determine the tax liability accurately.